This article discusses Section 74 of the New York Civil Rights Law, which provides “absolute” protection against a claim of defamation arising from a “fair and true report of judicial proceedings,” even if the report is made outside the courthouse. It also addresses the application of Section 74 to the...
In a first-of-its-kind ruling from earlier this year, the Delaware Court of Chancery (i) clarified that corporate officers of Delaware corporations (like corporate directors) are subject to the fiduciary duty of oversight, and (ii) held that sexual harassment by an officer constitutes bad-faith conduct breaching the duty of loyalty.[1] In...
The indictment of President Trump is unprecedented in United States history as no American President has ever been the subject of criminal charges. However, it has happened to numerous other leaders, including those from countries that are generally regarded as functioning democracies. Set forth below is just a partial list...
By Jill Kahn Marshall and Anna Beckelman As an employment lawyer, I often find myself having the same difficult conversation with prospective clients who believe they were wrongfully discharged. I explain that while the circumstances of the termination may seem unfair, if the worker was an at-will employee (like most...
By Ethan Krasnoo and Ariana Zhao Since summer 2022, Madison Square Garden Entertainment (MSGE) has banned attorneys involved in litigation against the company from its venues, which include, among many others, Madison Square Garden and Radio City Music Hall. To justify this decision, MSGE has cited Rule 4.2 of the...
A bearish economic outlook has launched a wave of mass layoffs throughout the technology, financial services, and media industries. To name a few, Twitter, Google, Goldman Sachs, Microsoft and Disney —the giants of corporate America — are shedding employees at an alarming rate. While the reasoning behind such large-scale reductions...
By Jill Kahn Marshall and Alice Jump On January 5, 2023, the Federal Trade Commission (FTC) announced that it was proposing a rule to ban noncompete clauses from all employee contracts throughout the country. These noncompetes, FTC Commissioner Lina Khan argued, “block workers from freely switching jobs, depriving them of...
Just over a month ago, FTX founder Sam Bankman-Fried was running one of the world’s largest crypto-currency exchanges and hobnobbing at conferences with the likes of Bill Clinton. Celebrities and athletes, from Larry David to Tom Brady, appeared in FTX advertisements. The FTX name was everywhere, including on the Miami Heat’s...
With the holidays in tow and the year nearing its end, many employees may find themselves checking in on how much vacation time or paid time off (PTO) they have left to use or, depending on company policy, carry over to next year. But what if an employee resigns or...
Twitter is recently undergoing some “extremely hardcore” workplace turmoil, shall we say, and doing so very publicly before the eyes of millions and millions of Twitter users around the world. When I first saw reference to the now well-known email ultimatum set down by Elon Musk, Twitter’s new owner and...